Rachel Montagnon and Jonathan Turnbull have published a Unitary Patent practice note on Practical Law, updated for developments over the first year of the UPC (copy available direct here). The note provides an overview of the European patent (EP) with unitary effect (also termed the unitary patent (UP)) and sets out: • What a UP is • Where a UP has effect • How to apply for a UP • The determination of the law applicable to a UP • The implications of co-ownership • The order of naming of applicants on an EP application underlying a UP It also considers the issues surrounding licensing and trans ..read more

We are delighted to share with you Issue 17 of Inside Arbitration from Herbert Smith Freehills’ Global Arbitration Practice, which, in particular, features an article on arbitrating IP disputes arising from energy transition innovations. In this issue, we delve into two critical topics facing many of our clients: the energy transition and digitalisation, and the growing overlap between the two as the world intensifies its efforts to develop innovative technologies to produce clean energy. We also explore global big-picture trends and highlight regional developments, taking a look at the invest ..read more

Considering how to enforce your IP rights online and make maximum use of the take-down procedures? Read Jonathan Turnbull, Victoria Horsey and Sabesh Asokan’s practical tips in their practice notes, recently updated and published in Practical Law: • Enforcement of intellectual property rights across online platforms: injunctions A checklist on the circumstances in which a rightsholder may be able to obtain an injunction against online intermediaries, in particular ISPs, in relation to online intellectual property right infringement, and the practical points that need to be considered. If you a ..read more

In this instalment of our series The IP in AI, we take a look at the degree of protection likely afforded to IP rights holders against unsanctioned use of authored works by an AI system, including the relevant legal and practical considerations for both authors and creators/users of AI systems. Read the full article here For more on the developing area of intellectual property protection and risks for AI and ML systems, follow our blog series The IP in AI.   Key contacts Aaron Hayward Senior Associate, Australia +61 2 9225 5739 Anna Vandervliet Senior Associate, Australi ..read more

Uses of machine learning and AI are expanding rapidly, and IP rights play a critical role in both regulating the use of AI and protecting the rights of inventors and creators. In this series, we will explore the key challenges governments worldwide are currently grappling with in order to provide the right level of protection to AI and ML systems. The enormous investment being made into machine learning and AI means that investors expect protectable returns. Equally, inventors and creators expect to be able to control how the products of their efforts are used by others. These protections are ..read more

Following landmark developments in 2023, the international spotlight remains firmly on AI regulation as we enter into 2024. The last few days alone have not only seen the COREPER Ambassador’s agreement on the EU AI Act, but also the long-awaited Government response to its AI Regulation White Paper released yesterday (“Response“) and the House of Lords Communication and Digital Committee report on “Large language models and generative AI” (“Report“) published at the end of last week. There are few surprises in the Response and Report; with the UK still forging its own path towards the regulatio ..read more

Large language models (LLMs) and generative AI (genAI) will produce “epoch defining changes comparable with the invention of the internet“, stated the House of Lords Communications and Digital Committee as it issued its report  “Large language models and generative AI” today (2 February 2024). The Committee concluded that the “goldrush” opportunity that AI presents requires the UK Government to adopt a more positive vision for LLM’s in order “to reap the social and economic benefits, and enable the UK to compete globally”. Key measures suggested include “more support for AI start-ups, boo ..read more

As the Headquarters Agreement for the Milan seat of the Unified Patent Court’s central division is signed, confirming that all is in place for the new seat to begin operation this year, we look at the role of the central division in UPC patent actions under the UPC Agreement (UPCA), UPC Rules of Procedure (RoP) and as illustrated by early UPC decisions, as well as the composition of central division judicial panels. Milan Headquarters Agreement: The Headquarters Agreement was concluded last week between the Unified Patent Court (UPC) and the Italian Government, at the Italian Ministry of Forei ..read more

The development of artificial intelligence (AI) continues to raise new issues and concerns every day. 2024 looks to be the year in which this innovative technology will be confronted with the need for increasingly sophisticated regulation on the one hand and growing litigation on the other. In particular, one of the hottest topics in relation to AI concerns IP rights and their protection in the AI world. For example, training AI systems with massive amounts of data indiscriminately found on the web entails the risk of infringing third parties’ copyright; whilst, the ability of generative AI to ..read more

JUVE Patent has named Herbert Smith Freehills Partner Andrew Wells as one of only five lawyers chosen as ‘Ones to Watch’ in the UK patent market for 2024. This award recognises the most impressive up and coming individuals in patent litigation based. Andrew helps clients with various issues relating to innovation in a range of different technologies. He is enthusiastic about the on-going potential of innovation to help society to overcome pressing challenges and to drive the 21st century economy forward. Andrew sees intellectual property rights as playing a key role in fostering the developmen ..read more